LAS CRUCES - A Las Cruces business owner who intervened in a domestic situation and fatally shot the man involved did so in self-defense, a lawyer said Wednesday.

C. J. McElhinney, who represents the as-yet-unnamed business owner, reports his client killed Nathan Froseth, 28, after observing Froseth attack a woman and then try to attack his client.

The incidents happened in the early morning hours Saturday on San Pedro Street, near the Lohman Avenue intersection.

A neighbor who witnessed the incident confirmed a domestic dispute preceded the shooting.

The Las Cruces Police Department has yet to release any information besides the fact that a 28-year-old man was found dead near the near the intersection of Lohman and San Pedro on Saturday.

McElhinney describes his client as a "41-year-old male and native of Las Cruces, owner of a small business, and father of two daughters." His client is cooperating with police in the investigation, he said.

The incident

Just before 5 a.m. Saturday, residents who live in the San Pedro-Lohman area heard yelling and screaming outside their homes.

"I heard her scream like, 'get off me,' or 'leave me alone,' so I jumped up and ran out of my room. I ran to the other side of the house," said Irene Northrup, who lives on San Pedro Street. She peeked out of her window, but didn't see anything.

"So I'm like, 'maybe they did leave,' so as I'm closing my window you hear her scream, 'get off of me,'" she said.

Nathan Froseth(Photo: Doña Ana County Detention Center)

McElhinney said his client also heard a woman screaming for help and saw what he believed to be a physical assault.

When his client exited his house and "inquired as to what was occurring," Froseth "charged from the north side of Lohman Avenue towards the citizen in an aggressive manner," McElhinney reported in a news release. McElhinney uses the word "citizen" to describe his client.

McElhinney said his client warned Froseth that he was armed and displayed the firearm. That didn't stop Froseth from advancing toward his client and challenging him to a fight.

His client kicked Froseth, which knocked him back. But Froseth continued his attempted assault, McElhinney said.

"Fearing for his life, particularly fearing that if Froseth was able to wrestle the firearm away from him he could be shot and killed as well as the female that had been screaming for help, the citizen shot from within a few feet and struck Froseth multiple times to end the attack," McElhinney reported.

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A 28-year-old man was found dead at the corner of San Pedro Street and Lohman Avenue on Saturday, June 16, 2019.(Photo: Bethany Freudenthal/Sun-News)

Northrup said she exited her house and saw the two men arguing and then witnessed the fatal shooting.

"I see the flash from the gun and I took off running back into the house," she said. "By the second gunshot I was up to my carport. I got inside and I heard the last gunshot and I heard the girl scream."

Northrup said she heard six gunshots.

She said she went back outside and saw the woman "on her knees with her dog … screaming, 'please, call the cops, they shot him.'"

Northrup, who didn't know the shooter, said she saw him running away.

The following day, McElhinney said his client gave a statement to investigators and turned over the firearm he used.

"The citizen deeply regrets the loss of Mr. Froseth’s life and expresses condolences to his friends and family, but that he had no other choice but to defend his life," McElhinney reports.

McElhinney asks anyone with information regarding the case to contact his law firm at 575-288-1989. Those with information can also contact police at 575-526-0795.

Prior domestic violence cases

Froseth has twice been charged with domestic violence, once in 2018 and again in March 2019.

The 2018 case was dismissed in June. In the 2019 case, Froseth is accused of a misdemeanor charge of battery against a household member.

McElhinney alleges the woman involved in Saturday's incident was the alleged victim in both of the prior cases.